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N Cal Attorney
N Cal Attorney, Lawyer
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Experience:  Since 1983
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what is the punishment for getting caught with 3000 xanax in

Customer Question

what is the punishment for getting caught with 3000 xanax in the state of florida
Submitted: 5 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 5 years ago.
According to http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC03.HTM&Title=-%3E2008-%3ECh0893-%3ESection%2003#0893.03 Alprazolam (Xanax) is a Schedule IV controlled substance.

Having 3000 units is a very serious charge and he definitely needs an attorney.

He can get a free consultation with any of the local criminal defense attorneys listed at http://lawyers.findlaw.com/lawyer/firm/Criminal-Law/Leesburg/Florida#stq%3D0%26CITY%3D%26CONSULTATION%3Dtrue%26SPONSORED%3Dtrue

The penalty depends on what the charge is. Sale is more serious than possession with intent to sell, see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC13.HTM&Title=-%3E2008-%3ECh0893-%3ESection%2013#0893.13
Customer: replied 5 years ago.
it is possesion with intent, what degree felony is it? and what is the max fine and imprisonment?, i have already read the link you gave me, which i stated in my question, thank you in advance
Expert:  N Cal Attorney replied 5 years ago.

 

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter

893.13 Prohibited acts; penalties.--

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Xanax is in Shedule 4 = a thrd degree felony


 

775.082 says: (d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. From http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec082.HTM

 

Up to 5 years in prison and a fine up to $5000.

 

775.083 Fines.--

(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(a) $15,000, when the conviction is of a life felony.

(b) $10,000, when the conviction is of a felony of the first or second degree.

(c) $5,000, when the conviction is of a felony of the third degree.

(d) $1,000, when the conviction is of a misdemeanor of the first degree.

(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

(g) Any higher amount specifically authorized by statute.

Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.

(2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.

(3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8235
Experience: Since 1983
N Cal Attorney and 7 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you for your time
Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer.

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